Legal Question in Wills and Trusts in New York
Who's responsible for Executors???
My great aunt passed away in 2000. 2 cousins were named as executors.(She had no will). They are claiming $82,000. in expenses relating to her estate. $24,000. in Executor fees alone. The remaining cousins asked the attorney for receipts in regard to the expenses and he is unable to provide any. He stated that the expenses he listed on the release were numbers given to him via e-mail and phone correspondence w/the executors. So it is only the executors ''word'' that the attorney is using in determining the share of the estate each cousin gets. Shouldn't the executors be required to prove these expenses?? By the way the estate just got distributed in 2007. The attorney states he does not have copies of the bank accts or stocks. He is taking the executors word for all. Nothing on paper anywhere. Where do I turn for help?
2 Answers from Attorneys
Re: Who's responsible for Executors???
You will need to compel the fiduciaries (executors or administrators) to file a judicial accounting. I urge you to retain an attorney to assist you with this.
Re: Who's responsible for Executors???
You need to apply to the Surrogate's Court for an Accounting. ASAP.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
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